O tribunal do júri e a influência da mídia sob a ótica dos princípios e garantias constitucionais no processo penal

Abstract

This paper analyzes the traditional Brazilian legal institution, the jury, and the influence of the spread of information through the media about the members of the Board of Judgment, made up of lay judges, from the perspective of constitutional principles and guarantees in criminal proceedings. The influence of the media on the decisions of the judges, the individual intent on crimes considered public outcry, cases of social impact, where the media criminology, which explores the exaggerated sensationalism, goes violating principles, setting the collision of fundamental rights, which are guaranteed by the Federal Constitution of 1988. in this context, it is observed that the responsibility to convict or acquit a defendant is accomplished through a trial must be fair and impartial, but that coming up with the acting press that thoroughly exposes events creating a media spectacle, exaggerating in the coverage of events seeking commotion. The press exceeds the limit of their legitimate activities to inform and is directed to the formation of public opinion. The methodology used in this research is a bibliographical study expanded to a descriptive research in the form of case studies, covering cases that had great repercussion media and, even if there is no conclusion procedural act, the possible defendants were convicted because of pretrial media.